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Flag PD Has Double Standard On Body Camera Footage

July 15, 2016 2 comments

By Elisha Dorfsmith

THIS STORY HAS BEEN UPDATED AT THE END

When Flagstaff Police officer Tyler Stewart was tragically shot and killed last year, some in the public raised concerns that the graphic body camera footage had been released and a Phoenix news station had put the unedited video on YouTube. The Los Angels Times explained that Arizona law requires the footage to be public:

“We have to abide by the Arizona state law when it comes to releasing public records information,” said Flagstaff Deputy Chief Walter Miller, who said officials sought legal advice before determining that they had to release the video under Arizona law.”

What a difference a year makes.

Last Wednesday’s shooting of an unarmed (although reportedly seen with a gun) suspect had the Flagstaff Police Department taking a different direction on the only body camera that actually worked during the incident. From today’s press release:

“Due to the graphic nature of the video and the privacy rights of the suspect and his family the complete video will not be released.”

So which is it? Arizona state law requires police to release the footage or police can pick and choose which footage they want the public to have access to? Body cameras work great to protect the public and the police if they are used properly but what happens when the police police their own footage and decide what we are allowed to see and what we are not? How do we know we are getting the whole story?

Arizona Central has a great article on the topic of public records and they say:

“A court case, meanwhile, has held that a record may only be withheld if a countervailing privacy or confidentiality interest or the “best interests of the state” outweigh the public’s right to know – and the burden is on the party trying to withhold documents to prove the harm that would follow release.”

The Flagstaff Police Department needs to tell us what the harm would be.

As for the other body cameras mentioned above that were at the scene of the shooting, they all failed to work properly. The same Flag PD press release stated:

“Due to technical issues no footage was recorded of the initial contact at the car; Ofc Syers’ camera malfunctioned due to a battery issue and Ofc Seay’s connector cable became detached prior to the incident. Due to the intensity of the moment, Cpl. Lavelle did not activate his camera prior to the shooting. After he fired his weapon, he realized his camera was not operating and immediately activated the camera.”

Really? for those of us who advocated for body cameras for Flagstaff’s police department this is a huge disappointment. We expect them to not only work but be used on the job…especially during high profile cases such as police shootings that leave suspects dead.

Even while taking Flag PD at their word, which many don’t in this case, this whole situation is an embarrassment that fosters distrust and a lack of faith in our local law enforcement.

UPDATE:

About 45 minutes ago The Flagstaff Police Department responded to concerns from citizens including some of the concerns posted in this blog. That response can be found here:

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